Soon after that Zumante, who was due to turn 10 in less than a month, had a devastating attack.

“I’m holding him in my lap and he’s flailing because he’s in an absolute panic because he can’t breathe and then he passed out in my arms,” Lucero said.

He was rushed to Children’s Hospital but after four days a respirator was the only thing keeping him alive.

“We had them turn the respirator off and Zumante died very shortly after that,” she said.

Zuton Lucero, with her husband in the background, talks with CBS4 about the lawsuit (credit: CBS)

Zumante attended Smith Elementary School in Denver. After his death a garden there was dedicated in his name.

Lucero told CBS4 her son had a talent for drawing, loved karate and adored his younger siblings. “I want Zumante’s legacy to be one of life,” she said.

Lucero is certain that with his medication Zumante would be alive today.

“There’s a quote that I heard, and it says ‘The dead cannot cry out for justice. It is the duty of the living to do so for them’ and that’s why I’m here,” Lucero said.

Denver Human Services released a statement to CBS4 about the lawsuit saying the death of any child is a tremendous loss. The agency says it can’t say more than that because of confidentiality laws and the pending suit.